Now We Defend

Now We Defend is a podcast hosted by former prosecutors turned defense attorneys T.L. Kearney, IV, Timothy Long, and Justin J. Baran of Kearney Law. Each episode breaks down real-world criminal defense topics, DUI cases, courtroom strategy, legal misconceptions, and what actually happens inside the justice system. With experience on both sides of the courtroom, the team brings honest conversations, practical insight, and behind-the-scenes perspective to the cases and legal issues people face every day throughout Central Pennsylvania.

Now We Defend is a government podcast hosted by Kearney Law, with 21 episodes on record and a Required Pod Score of 80.

Kearney Law hosts Now We Defend, a government show with 21 episodes published.

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  Episode #22

  What Is Hearsay? Former Prosecutors Explain What Actually Counts

  Sep 26, 20261h 20mS1

  Hearsay is an out-of-court statement offered to prove that what it says is true, and even when something is hearsay, Pennsylvania's rules of evidence let a lot of it into court anyway. On this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran unpack one of the most misunderstood objections in criminal court. Clients tell us all the time that something "won't hold up because it's hearsay." Most of the time, that's not how it works. We cover the real definition, why the rule exists, your Sixth Amendment right to confront your accusers, and the exceptions that put secondhand statements in front of a jury. Plus: how a guy who swears he's not dying could keep his own statement out of court. ✅ What hearsay actually means (and what it doesn't) ✅ The "effect on the listener" workaround ✅ Hearsay within hearsay ✅ Texts, bodycam, 911 calls, and "it's AI" claims ✅ Relevance, unfair prejudice, and speculation objections ✅ Excited utterances, business records, and your own statements to police ✅ Unavailable witnesses and dying declarations CHAPTERS 0:00 Objection, hearsay 0:41 What hearsay actually means 3:21 A simple hearsay example 4:33 Not for the truth: effect on the listener 9:00 Why the hearsay rule exists 12:41 The three-step hearsay roadmap 14:31 Hearsay within hearsay 17:23 Texts, recordings, and social media 19:15 Relevance and other objections 22:47 "It's AI": authenticating evidence 27:30 Unfair prejudice and prior bad acts 32:16 Speculation 36:30 Why hearsay exceptions exist 38:42 Juries, body language, and virtual trials 43:15 Present sense impressions and excited utterances 48:17 Medical statements and physical condition 49:21 Recorded recollection 53:05 Business and public records 58:34 Unavailable witnesses and former testimony 1:00:51 Statements against interest 1:02:16 Dying declarations 1:13:12 A party's own statements 1:15:03 Prior inconsistent and consistent statements 1:18:17 The one question to ask Kearney Law defends clients in York, Adams, Lancaster, Cumberland, Dauphin, and Franklin counties, plus federal courts statewide. Facing criminal charges in Central Pennsylvania? Call 717-668-8159 Follow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dc Amazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defend Apple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175 iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=desc LinkedIn: https://www.linkedin.com/company/kearney-law-pa Instagram: https://www.instagram.com/kearneylawpa/ Tiktok: https://www.tiktok.com/@kearneylawpa Facebook: https://www.facebook.com/kearneylaw

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  Episode #20

  How Do Lawyers Defend Guilty People? Former Prosecutors Explain

  Sep 19, 20261h 22mS1

  Criminal defense attorneys defend guilty people because the job is not to judge the client. It is to protect their constitutional rights, hold the prosecution to its burden of proof, and help them reach a fair outcome. In this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran answer one of the questions they hear most: how do you defend someone who is guilty, or who tells you they did it? They separate the moral question from the legal one and explain why due process matters even when the facts look bad. They also get practical about what a lawyer can and cannot do, why honesty in the first meeting matters, and how much of a case depends on what the client does next. In this episode: ✔ Why defense attorneys do not sit in judgment of clients ✔ Factual guilt vs. legal guilt vs. moral guilt ✔ What due process actually means ✔ John Adams and the Boston Massacre trial ✔ Why a guilty person still gets a lawyer ✔ What a lawyer cannot do, from meritless motions to misleading the court ✔ How clients help (or hurt) their own cases Charged with a crime in York, Adams, Lancaster, Cumberland, Dauphin, or Franklin County, or facing a federal case in Pennsylvania? Call Kearney Law at 717-668-8159

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  Episode #19

  Lindsay Clancy Mistrial: Can Prosecutors Retry Her Case?

  Sep 13, 20261h 29mS1

  Yes. After a hung jury forces a mistrial, prosecutors almost always have the right to try the case again in front of a new jury, and there's no set limit on how many times they can do it, though a string of repeated mistrials can eventually give the defense grounds to push back.Lindsay Clancy's murder trial in Massachusetts ended in a mistrial after the jury deadlocked for days and the judge gave what's known as a dynamite instruction (or Allen charge), a push for holdout jurors to reconsider without abandoning their honest judgment. Pennsylvania courts use the same tool for the same reason: a jury has to be unanimous, all 12 people, and if they truly can't get there, a mistrial is the result and the Commonwealth generally gets to retry the case.Clancy's defense hinged on being found not guilty by reason of insanity, so T.L., Tim, and Justin use it as the jumping off point for how that defense actually works in Pennsylvania. PA follows the McNaughton rule: the defendant has to prove, by a preponderance of the evidence, that a mental defect kept them from understanding what they were doing or knowing it was wrong. That's a very different, and much narrower, standard than being found guilty but mentally ill.✅ How Pennsylvania's insanity defense (the McNaughton rule) works and who has to prove what✅ The difference between not guilty by reason of insanity and guilty but mentally ill✅ How diminished capacity can knock a first-degree murder charge down to third-degree✅ Why voluntary intoxication is almost never a defense, except to first-degree murder✅ What actually happens after a hung jury, and whether there's a limit on retrialsFacing a serious charge in Central Pennsylvania? Call Kearney Law at 717-668-8159.0:00 - Intro: The Lindsay Clancy Mistrial as a Springboard1:06 - Not Guilty by Reason of Insanity, Explained1:57 - Pennsylvania's McNaughton Rule vs. the Model Penal Code3:36 - Why the Burden of Proof Shifts to the Defense4:39 - The Philosophy and Backlash Behind the Insanity Defense11:38 - What Victims and Their Families Go Through15:39 - Faith, Justice, and the Human Wreckage of These Cases23:26 - Dependency Court and Where It Overlaps With Criminal Cases36:16 - What Makes a Good Judge (and the "God Complex" That Doesn't)56:10 - Reading Pennsylvania's Insanity Standard Word for Word57:12 - Diminished Capacity: From First-Degree to Third-Degree Murder1:00:20 - Voluntary Intoxication Is (Almost) Never a Defense1:05:01 - No Contest Pleas, Alford Pleas, and Guilty But Mentally Ill1:09:28 - After Commitment: Release, Relapse, and State Hospitals1:18:17 - What a Mistrial Actually Is, and How Many Times You Can Retry a CaseFollow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dcAmazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defendApple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=descLinkedIn: https://www.linkedin.com/company/kearney-law-paInstagram: https://www.instagram.com/kearneylawpa/Tiktok: https://www.tiktok.com/@kearneylawpaFacebook: https://www.facebook.com/kearneylaw

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  Episode #18

  Celebrity DUI Stops: What Body Cam Footage Reveals All

  Sep 5, 20261h 34mS1

  You don't have to answer police questions or perform field sobriety tests during a DUI stop, even if you're a celebrity.In this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran break down body cam and dash cam footage from real DUI stops, including Tony Romo's traffic stop and Justin Timberlake's arrest in New York. They grade each stop and point out exactly where these high profile drivers helped, or hurt, their own defense.The hosts also react to a viral traffic stop clip, explain the difference between friendly conversation and a lawful investigation, and break down when a routine stop legally becomes a DUI investigation. They close out with an update on the high profile Lindsay Clancy trial in Massachusetts, where the jury deadlocked and the judge declared a mistrial.What this episode covers: Why field sobriety tests are optional in Pennsylvania How casual conversation with police can build a DUI case against you When reasonable suspicion turns a traffic stop into a DUI investigation What Tony Romo and Justin Timberlake did wrong on body cam Why staying quiet protects you better than being polite If you're facing a DUI charge in Central Pennsylvania, call Kearney Law at 717-668-8159.

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  Episode #17

  Does Deleting Something Off Your Phone Actually Delete It? Legal Myths Busted - Kearney Law

  Aug 21, 20261h 43mS1

  No, deleting something from your phone doesn't actually delete it. That's just one of the criminal law myths former prosecutors T.L. Kearney, Tim, and Justin break down in this episode of Now We Defend. They pick up right where they left off a few weeks ago, working through even more myths they hear constantly from clients and from people online. This episode covers what actually happens to deleted texts, images, and internet activity, whether you really have to answer police questions, and why smart people (not just guilty people) ask for a lawyer. They also unpack plea deals, why no honest attorney will ever guarantee a trial outcome, who actually carries the burden of proof at trial, and the real difference between a not guilty verdict and being found innocent. T.L. closes out the episode with a personal story about a scary roadside encounter that ties directly back to their self-defense episode. Chapters: 0:00 Intro – Picking Up Last Week's Myths 1:42 Myth: Deleting Something Off Your Phone Means It's Gone 23:24 Myth: You Have to Answer Police Questions 36:41 Myth: If You're Innocent, Just Explain Yourself to Police 46:22 Myth: Only Guilty People Ask for a Lawyer 52:06 Myth: Taking a Plea Deal Means You're Guilty 57:07 Myth: A Lawyer Can Guarantee You'll Win at Trial 1:03:12 Myth: The Defendant Has to Prove Their Own Innocence 1:10:01 Myth: A Not Guilty Verdict Means You're Innocent 1:14:01 Myth: A Prosecutor's Job Is to Win at Trial 1:23:03 Myth: Everyone Charged With a Crime Gets a Jury Trial 1:26:35 Myth: Lawyers Can Ambush Witnesses With Hidden Evidence 1:34:29 A Scary Roadside Encounter & Self-Defense Law in Action Kearney Law defends clients throughout York, Adams, Lancaster, Cumberland, Dauphin, Franklin, and the surrounding Central Pennsylvania counties, plus federal courts statewide. Have questions after watching? Call Kearney Law at 717-668-8159. *This podcast is for general information only and is not legal advice for your specific situation.

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